Environmental Statement - Maersk Oil

Balloch Field Development Environmental Statement
Section 1 Introduction
Offshore environmental control has significantly developed over the past thirty years and is
continuing to evolve in response to increasing awareness of potential environmental impacts. Strands
of both primary and secondary legislation, voluntary agreement and conditions in consents granted
under the petroleum licensing regime and international conventions have all contributed to the
current legislative framework.
The main controls for new projects are EIAs, which have been a legal requirement for offshore
developments since 1998. Current requirements are set out in the Offshore Petroleum Production
and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended 2007 and 2010),
hereafter referred to as the EIA Regulations, and accompanying Guidance Notes for Industry (DECC,
2009).
The EIA Regulations require an ES to be submitted and prepared for:
Developments which will produce 500 tonnes or more per day of oil or 500,000 cubic meters
or more per day of gas;
Pipelines of 800 mm diameter and 40 km or more in length.
In addition, an ES may be required for developments which are:
Less than 40 km from the UK coast line;
Within, or less than 10 km from, an SPA or SAC (protected areas);
In areas where designated archaeological features are present and may be damaged or
disturbed;
In areas which are subject to high seasonal environmental sensitivities and/or within herring
or sandeel spawning grounds or important fisheries;
Involving operations which may significantly impact other users of the sea;
Within 10 km of international boundaries where other member states may request to
participate in the procedure.
Following the submission of the ES, a period of formal public consultation is required under both the
ES Regulations and European Directive 2003/35/EC (Public Participation Directive).
The EIA needs to consider the impact on the surrounding environment, including any protected areas
or sites currently undergoing the process of being designated as protected. These areas have been
developed as a consequence of European Directives, in particular the EU Habitats Directive 92/43/EEC
and the EU Birds Directive 79/409/EEC (both amended by EU Directive 2006/105/EC), which have
been enacted in the UK by the following legislation:
The Conservation (Natural Habitats &c) Regulations 1994 (as amended 2012): These
regulations transpose the Habitats and Birds Directives into UK law. They apply to land and
territorial waters out to 12 nautical miles (nm) from the coast and have been subsequently
amended several times.
The Conservation of Habitats and Species Regulations 2010 (as amended 2011): These
regulations consolidate all the various amendments made to the Conservation (Natural
Habitats, &c.) Regulations 1994 in respect of England and Wales. In Scotland the Habitats
and Birds Directives are transposed through a combination of the Habitats Regulations 2010
and the 1994 Regulations.
The Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (as amended
2009, 2010 and 2012). These regulations transpose the Habitats Directive and the Birds
Directive into UK law in relation to oil and gas and also the provisions of the Energy Act 2008
relating to carbon capture and storage plans and projects.
Offshore Petroleum (Conservation of Habitats) Regulations 2001 (as amended 2007). These
regulations implement the requirements of the Habitats Directive for oil and gas activities,
the 2007 amendments extend these provisions to UK waters.
Until 1999 these Directives applied only to UK territorial waters (i.e.